B-125391, MAR. 16, 1956
Highlights
YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED JANUARY 28. FOR THE REASON THAT IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. AS YOU WERE PREVIOUSLY ADVISED. THE CHECK WHICH REPRESENTED RETIREMENT DEDUCTIONS MADE FROM YOUR PAY WHILE A FEDERAL EMPLOYEE WAS ADDRESSED TO YOU AT 2745 EDDINGTON STREET. THE CHECK IS REPORTED TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. WHEN THERE WAS RECEIVED HERE BY REFERENCE FROM THE TREASURER OF THE UNITED STATES.
B-125391, MAR. 16, 1956
TO MRS. CAROLINE ZWALD:
YOUR RECENT LETTER (WITH ENCLOSURES) ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 19,408,675, FOR $257.18, DRAWN TO YOUR ORDER ON JANUARY 8, 1946, HAS BEEN FORWARDED HERE FOR REPLY.
YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED JANUARY 28, 1955, AND SUSTAINED BY OUR DECISION TO YOU OF OCTOBER 6, 1955, B 125390, FOR THE REASON THAT IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, WHICH PROVIDES:
"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'
AS YOU WERE PREVIOUSLY ADVISED, THE CHECK WHICH REPRESENTED RETIREMENT DEDUCTIONS MADE FROM YOUR PAY WHILE A FEDERAL EMPLOYEE WAS ADDRESSED TO YOU AT 2745 EDDINGTON STREET, PHILADELPHIA, PENNSYLVANIA, PURSUANT TO A DULY EXECUTED APPLICATION FILED WITH THE UNITED STATES CIVIL SERVICE COMMISSION DURING DECEMBER 1945. THE CHECK IS REPORTED TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THE CLAIM FIRST CAME TO THE ATTENTION OF THE GENERAL ACCOUNTING OFFICE ON DECEMBER 7, 1954, WHEN THERE WAS RECEIVED HERE BY REFERENCE FROM THE TREASURER OF THE UNITED STATES, YOUR COMPLETED QUESTIONNAIRE WHICH IS SHOWN TO HAVE BEEN FORWARDED TO YOU FOR EXECUTION ON NOVEMBER 4, 1954, BY THE RETIREMENT DIVISION, CIVIL SERVICE COMMISSION.
ALTHOUGH THE CHECK IN QUESTION HAS BEEN DESTROYED PURSUANT TO LAW AND IS NOT AVAILABLE FOR EXAMINATION AS TO THE ENDORSEMENTS THEREON, SINCE IT IS SHOWN TO HAVE BEEN PAID AND YOUR CLAIM FOR THE PROCEEDS OF SUCH CHECK WAS NOT RECEIVED HERE UNTIL APPROXIMATELY EIGHT YEARS AFTER THE ISSUANCE THEREOF, FURTHER CONSIDERATION OF THE MATTER IS PRECLUDED BY THE MANDATORY PROVISIONS OF SECTION 2 OF THE ABOVE-QUOTED STATUTE. THIS OFFICE, OF COURSE, HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF A VALID STATUTE OR TO MAKE EXCEPTIONS THERETO.
IN VIEW OF THE ABOVE AND IRRESPECTIVE OF THE ALLEGATIONS SET FORTH BY YOU IN YOUR SEVERAL LETTERS, YOU ARE AGAIN ADVISED THAT OUR OFFICE IS PRECLUDED FROM FAVORABLY CONSIDERING YOUR CLAIM. ACCORDINGLY, UPON REVIEW, THE ACTION DENYING PAYMENT OF YOUR CLAIM IS FOUND CORRECT AND MUST BE, AND IS, SUSTAINED.